ASEAN Multilateral Agreement on Air Services

Abstract

Governments of Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao People’s Democratic Republic (hereinafter referred as “Lao PDR”), Malaysia, the Union of Myanmar, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand and the Socialist Republic of Viet Nam, Member States of the Association of Southeast Asian Nations (ASEAN) (hereinafter collectively referred to as “Contracting Parties” or individually as “Contracting Party”).

Appendices

Annex I: Scheduled Air Services

• Section 1 Routing

• 1. The designated airline(s) of each Contracting Party shall, in accordance with the terms of their designation, be allowed to operate from any points in the territory of the Contracting Party designating the airline via any intermediate points to any points in the territory of any other Contracting Party and to any points beyond in any combination or order, provided that all the points are international airports.

• 2. Notwithstanding the above provisions, the right to take on board or put down, in the territory of any other Contracting Party, passengers, baggage, cargo, or mail carried for remuneration and destined for or coming from points in the territory of any non-Contracting Party, shall be subject to the agreement between the aeronautical authorities of the Contracting Parties concerned.

• Section 2 Operational Flexibility

• 1. Each designated airline may, on any or all flights and at its option:

  • a) operate flights in either or both directions;

  • b) combine different flight numbers within one aircraft operation;

  • c) serve behind, intermediate, and beyond points and points in the territories of the Contracting Parties on the routes in any combination and in any order;

  • d) omit stops at any point or points;

  • e) transfer traffic from any of its aircraft to any of its other aircraft at any point on the routes; and

  • f) serve points behind any point in its territory with or without change of aircraft or flight number and may hold out and advertise such services to the public as through services without directional or geographic limitation and without loss of any right to carry traffic otherwise permissible under this Agreement; provided that the service serves a point in the territory of the Contracting Party designating the airline.

• 2. On any segment or segments of the routes above, any designated airline may perform international air services without any limitation as to change, at any point on the route, on an one-on-one basis (with the exception of code-sharing) provided that, in the outbound direction, the air services beyond such point is a continuation of the air services from the territory of the Contracting Party that has designated the airline and, in the inbound direction, the air services to the territory of the Contracting Party that has designated the airline is a continuation of the air services from beyond such point.

• 3. The designated airline(s) of each Contracting Party may be required to submit its envisaged flight schedules for approval to the aeronautical authorities of the other Contracting Party at least thirty (30) days prior to the operation of the agreed services. Any modification thereof shall be submitted for consideration at least fifteen (15) days prior to the operation.

• 4. For supplementary flights which the designated airline(s) of one Contracting Party wishes to operate on the agreed services outside the approved timetable, that airline must request prior permission from the aeronautical authorities of the other Contracting Party. Such requests shall usually be submitted at least four (4) working days prior to the operation of such flights.

Annex II: Implementing Protocols

The Contracting Parties shall conclude the following Implementing Protocols which shall form integral parts of this Agreement:

a) Protocol 1:

Unlimited Third and Fourth Freedom Traffic Rights Within ASEAN Sub-Region;

b) Protocol 2:

Unlimited Fifth Freedom Traffic Rights Within ASEAN Sub-Region;

c) Protocol 3:

Unlimited Third and Fourth Freedom Traffic Rights Between ASEAN Sub-Regions;

d) Protocol 4:

Unlimited Fifth Freedom Traffic Rights Between ASEAN Sub-Regions;

e) Protocol 5:

Unlimited Third and Fourth Freedom Traffic Rights Between ASEAN Capital Cities; and

f) Protocol 6:

Unlimited Fifth Freedom Traffic Rights Between ASEAN Capital Cities.